Sacramento Public Agency Sued For Sexual Harassment, Part 1 of 5

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment/personal injury case and its proceedings.)

PLAINTIFF’S OPPOSITION TO DEMURRER
SUMMARY OF DEFENDANTS’ POSITION

Defendant S.H.P., moves the court to sustain a demurrer to each of the causes of action on the grounds that each fails to plead facts sufficient to state a cause of action, Code Civ. Proc. sec. 430.10 (e), and for reason that they believe that the complaint is uncertain, ambiguous, or unintelligible, Code Civ. Proc. sec. 430.10 (f).

The Notice of Demurrer and Demurrer of Sacramento Housing Project to Plaintiffs Third Amended Complaint for sexual harassment, dated 03/16/2007, and the Memorandum of Points and Authorities in Support of Sacramento Housing Project’s Demurrer to Plaintiffs Third Amended Complaint, dated 03/16/2007 are both unverified as to any facts therein (plaintiff accepts the case citations), therefore the plaintiff will address the grounds of the demurrer, only.

Plaintiff notes that the pleading of the Third Amended Complaint, dated February 5, 2007, was written with the aid of the source Cal. Causes of Action, James Publishing, Inc., Santa Ana, CA, 2007, on the elements and Calif. Civil Practice Guide, Weil and Brown, The Rutter Group, 2008, on declaratory relief.

FACTS OF THE CASE
The Cal. Fair Employment and Housing Act, Gov. Code sec. 12900 et seq., applies to applicants of employment equally, as to employees.

Gov. Code sec. 12920, states: “It is hereby declared as the public policy of this state that it is necessary to protect and safeguard the right and opportunity of all persons to seek, obtain, and hold employment without discrimination or abridgment ….”

Gov. Code sec. 12926 (d) states “Employer” includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows: Employer does not include a religious association or corporation not organized for private profit. (See Part 2 of 5.)